Court defers sentencing of Kalonga: Cashgate convict has ‘issues’ to sort with lawyer Theu

High Court in Lilongwe has adjourned a case involving convicted former tourism assistant Leonard Kalonga to February 29.

Kalonga outside the court.-Photo by Mphatso Nkhoma, Nyasa Times

Kalonga outside the court.-Photo by Mphatso Nkhoma, Nyasa Times

On August 26, 2015 the court convicted Kalonga on his own plea of guilty for stealing K3.7 billion ($6.3 million) in the ongoing Cashgate trials.

He was set to hear his sentence on Thursday but has to wait longer as his lawyer Emmanuel Theu had asked the court to adjourn the case, saying he has issues to settle with his client who is yet to settle his legal fees.

Anti-Corruption Bureau (ACB) deputy director general Reyneck Matemba  argued though it’s a  constitution requirement to have any accused person represented with legal counsel they feel the period asked by the defence will not make any difference as they had enough time to settle their issues from November  last year when the case was adjourned.

High Court Judge Fiona Mwale then granted the adjournment but warned the two sides to ensure they settle their issues between now before the next date as this was the last adjournment she will tolerate.

Judge Mwale said she will proceed to sentence the convict on February 29.

She has since asked both parties to agree on their disagreements as whether Theu will continue or not the court will use alternative way and proceed with their sentencing.

Recently, t he State rejected some property Kalonga offered for restitution on grounds that the said property, notably vehicles, were obtained using proceeds of crime.

Director of Public Prosecutions (DPP) Mary Kachale said Kalonga wants to make some sort of repayment, saying the offer includes a real property and some vehicles.

“As the State, we will accept the real property, but we have rejected the vehicles on grounds that we have information to lead us to believe that the vehicles are tainted property.”

The ongoing trial of the plunder of public resources at Capital Hill christened as ‘cashgate’ has seen many convictions of public officers.

Former president Banda ordered an audit which British forensic auditor, Baker Tilly, undertook between April and September 2013 and established that about K24 billion ($40.1million) was siphoned from public coffers through dubious payments, inflated invoices and goods or services never rendered.

In May 2015, a financial analysis report by audit and business advisory firm PricewaterhouseCoopers (PwC) also established that about K577 billion ($964.9 million) in public funds could not be reconciliated between 2009 and December 31 2014.

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Prof. Dr Henry Fraser
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Prof. Dr Henry Fraser
7 months 13 days ago
This DPP called Mary Kachale is the worst of female trained lawyers under tutelage of che gaston and kanyongolo, my beloved classemates in UK. The primary purpose to prosecute cashgaters is recover the stolen money from public fund whether in form of cash or property. Her argument sounds illogic and raw stuff that a trained lawyer can raise. I am sure if she comes to the University of Cambridge-school of law, she will not make it. She is too dull to be legal practitioner. As a Scot who loves Malawi, the country my ancestors named Nyasaland, I rest my Malawians… Read more »
Kingmam
Guest
Kingmam
7 months 18 days ago

Let tell u pple.u should understand the case very well.kasambala.manondo.kumwembe.there r using pp evindence,now dpp using a flesh investgation thats why u c that 3of them there talking damaged statement

Mcmillan malama
Guest
Mcmillan malama
7 months 18 days ago

Just refund the money thats all if not you are going to prison the rest of ur life because u r killing all malawian ,son of bitch

Namacherenga
Guest
Namacherenga
7 months 18 days ago

A Dodoli kupepera

REV FATHER GABIE NKHOKA PhD,sc retired
Guest

577 bln tikuifunanso uyu peturo ndi cha abale ache amangidwenso nawo.mama jo nawonso awone zingwe.

yakumbuyo
Guest
yakumbuyo
7 months 18 days ago

A Malawi cashgate ya Ku Police yiyamba liti? Basi omly army and civilians ??????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????? No justice .Ku police sanabe .start with police first.Msawope Alonda anu.

MACHINE GUN
Guest
MACHINE GUN
7 months 18 days ago

Kodi DPP why are you trying to confiscate property that is not tainted ? I thought all of us are looking for property obtained from the cashgate proceeds. If Kalonga has offered the property obtained from cash gate proceed then tengani wabweza katundu wakubayo basi.

wanzeru
Guest
wanzeru
7 months 18 days ago

Iwe Dodoli, what kachali is trying to say is the vehicles are already state property and can not be used as restitution property. That means if he is to pay he should pay using other property since the vehicles was already confiscated that means its state property.

kkilembe
Guest
kkilembe
7 months 18 days ago

Now you see how clever lawyers are. They are just after your money, and dont think they really care about you being in prison or not. . The smartest cashgater was Senzani. She pleaded guilty from day one. She only has less than a year to serve now.

tulo amalawi
Guest
7 months 18 days ago

577 in my mind

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